Compliance with the rules regarding the establishment and relocation of liquor shops, and the need for concrete evidence of nuisance before taking action.

1. The instant writ petition, is for a writ of mandamus, directing the respondents to close TASMAC Wine Shop No. 8767, which is functioning in Survey No. 534, at Door No. 1, Chettay Street Main Road, Ayanambakkam, Chennai-600095.

2. The petitioner claims that he is the Vice President of Annal Ambedkar Kudiiruppor Nala Sangam and that the Sangam has been working for the welfare of the residents in Ayanambakkam, Chennai. It is the submission of the petitioner that the respondents had proposed to open the TASMAC Shop, which was objected to by the general public and there was a protest for opening the TASMAC shop.

3. It is stated in the writ petition that in view of the agitation conducted before the wine shop on 13.08.2017, TASMAC shop was locked temporarily, but, TASMAC shop has started to function again. Contending that in the said area, there are educational institutions and temples and that it is creating nuisance, the instant writ petition has been filed.

4. Notice was issued in the writ petition and the respondents have filed counter.

5. In the counter, it is specifically stated that there is no educational institutions or a place of worship, within 50 meters of the TASMAC shop. The Learned Additional Government Pleader has also produced order dated 07.08.2017 passed by the District Collector (in-charge) and paragraph Nos.2, 3 and 4 of the order, reads as under.

"2. Consequent to the order passed by the Hon'ble Supreme Court, it is recommended by the District Manager, TASMAC Ltd. Thiruvallur (East) District to re-locate two TASMAC retail shops as under vide the letter referred to in Reference 2 above.

S. No.	Shop No.	Present Address	Address where the shops to be relocated
1	8767	NM Road, Avadi, Chennai-54	S. No. 534, Patta No. 75, No. 85, Ayanambakkam, Ambattur, Chennai
2	8813	No. 84/2B3, Door No. 5/2, Thiruvallur Road, Ramapuram, Chennai-89	S. No. 85/33, Thiruvallur Salai, Ramapuram, Chennai-89.

3. Recommendations are made by the District Manager, TASMAC Ltd. Thiruvallur (East) District and the Asst. Commissioner (Excise) (In-charge) Thiruvallur, for relocating 2 TASMAC shops to the new proposed place where the shops to be relocated, since 2 TASMAC retails shops were functioning within 500 radius of State and National Highways after making joint visit of the shops. The above decision is taken in view of the fact that there are no objection received for locating the shops at the proposed new place and further as there is no nuisance to the general public as well as to the traffic.

4. After accepting the recommendations made by the District Manager, TASMAC Ltd. Thiruvallur (East) District and the Asst. Commissioner (Excise) (In-charge), Thiruvallur, that the places where two TASMAC Retails shops bearing shop Nos. 8767 and 8813 proposed to be shifted are situated in terms of the conditions stipulated under Rule 8(1) of the Tamil Nadu Liquor Retail Sales, it is ordered that the District Manager, TASMAC Ltd. Thiruvallur (East) District, is directed to shift the TASMAC shops Nos. 8767 and 8813, to the new address by sending the liquor bottles from the Go-down to TASMAC retails shops after ensuring that whether prevention wall and the grills are erected."

6. A perusal of the counter and the order of the District Collector, show proper application of mind, before passing orders for opening of the wine shop, which is functioning now. Admittedly, there is no educational institutions or a place of worship, within the specified distance.

7. The learned counsel for the petitioner, placed reliance on a Division Bench judgment dated 19.07.2010, passed by this Court in WA No. 1353 of 2010, in particular, he relies on paragraph Nos.9 and 15, which are reproduced hereunder.

"9. It is true that the retail vending rules provide that no shops shall be established within a